by SC Reporter Emilie Alfino
The Planning Commission at its May 28 meeting approved the Development Permit Application for the Island Inn Road subdivision with 11 conditions, one of which was added at the meeting in response to public comment. That condition called for buffer vegetation to be planted between the new subdivision and the neighboring subdivisions. The property in question is sandwiched between Bright Water to the west, and Poinciana to the east.
The development permit is for the construction of five single-family homes and under the “cluster housing” provision of the Land Development Code is limited to a density of 2.2 dwelling units per acre. Since the property is 2.3 acres in size, five units are allowed. A primary benefit of the cluster housing concept is the preservation of environmentally sensitive lands on the northern portion of the property.
The developments located along this segment of Island Inn Road include a diverse range of home sizes and ages, ranging in age from one to 50 years old with building footprints between 1,200 to nearly 5,000 square feet. The new subdivision will include houses with average footprints between 2,300 and 2,400 square feet – well within the broad range of residences found on this segment of Island Inn Road. The five single-family homes as proposed will be oriented in-line with one another, a configuration common in the surrounding neighborhoods. Due to the narrow, linear shape of the individual lots, staggering or angling the homes is not an option.
There was a lot of public comment at the meeting, all of it in opposition to the application. In general, people either did not understand or did not approve of the cluster housing concept as it appears in Sanibel’s Land Development Code.
The Code states that unified residential housing or cluster housing means a type of development produced by condensing the arrangement and layout of single-family and duplex structures based on the minimum distance between buildings rather than on the minimum setback from single-family or duplex lot lines.
The regulation of cluster housing is in place of the limit of one single-family dwelling unit on a lot and the minimum lot size requirement for residential development, while promoting the preservation of open spaces within the development. It may include the subdivision of land to create individual lots for single-family and duplex dwelling units.
Preservation and common area tracts are typically created in the subdivision of cluster housing. The subdivision of land for cluster housing can occur either before or after the structures in the development are constructed. (Sanibel Code Section 86-131)
Section 86-133 (b) provides that the development of the land under the provisions of this subdivision, including redevelopment and the combination of property where some of the property is already developed, regardless of whether the land was previously developed as cluster housing, is permitted only where the number, size, scale and orientation of the structures in the proposed cluster housing:
(1) Is compatible with established surrounding land uses, including lots, dwellings, and other structures;
(2) Does not interrupt the rhythm of existing structures and established land use patterns; and
(3) Is not inharmonious with the general atmosphere and character of established land use patterns and development.
Some cluster housing developments on the island include Victoria Cove, Ferry Landing, and Sea Loft Village, to name a few. There are others.
The proposed development of single-family residences in this application is the same land use as found on surrounding properties, according to the City staff report. While the proposed lots may be smaller compared to adjacent residential lots, the preservation proposed as part of the overall development will result in greater areas of open space that will provide privacy and separation for both the new development as well as the adjacent property owners.
City staff further reports that the proposed placement of the lots, in the southwest corner of the property, is the least impactive area with regard to neighborhood intrusion. This area of the property abuts Bright Water Lake to the west, creating significant separation from the developed areas of the subdivision. Placement in this location maximizes, to the greatest extent possible, the separation from the two residences to the east, located in Poinciana Circle subdivision, while allowing for preservation of the existing wetland areas on the subject property. The established land use pattern will not be interrupted by the proposed development and will continue to maintain the harmony and character of the neighborhood.
Tuesday’s hearing was continued from the March 26 hearing in part to give the public more time to submit comments and prepare. Professional Engineer Stephanie Caldwell of Greensite Engineering, Inc. spoke on behalf of the applicant Roderick Dunn to answer some citizens’ concerns. Many public comments stated the subdivision was not harmonious with the character of the area. Caldwell made a distinction between “harmonious” and the actual language of the Code, which requires that a project is “not inharmonious,” defined as not “discordant” or “in conflict” with the character of the area.
“An ‘inharmonious’ project would involve a completely different type of project proposed for this property – such as a commercial or industrial use, or even an incompatible residential use or design such as a mid-rise condominium or high-intensity multifamily development,” Caldwell wrote in her May 8 letter to the Planning Commission. “This project proposes a single-family development, with homes and a layout similar to those found in the immediate area, with a significant preservation area which protects the character of the area as an environmental sanctuary. In addition, the project’s frontage along Island Inn Road will be landscaped, so the view of the Island Inn Road subdivision dwelling units will be buffered from passersby.
“The project as proposed is neither discordant nor in conflict with the character of the area. Rather, the uses and structures proposed on the property are agreeably related to those in the surrounding area,” Caldwell concluded.
Meghan Lupu of Poinciana Circle had comments to make. She said, “The Sanibel Plan gives this board [the Planning Commission] discretion, and I’m asking the board to exercise this discretion.” Lupu said that at the March 26 Commission meeting, a commissioner referred to this project as tract housing as one might find in Cape Coral. “With respect to our neighbors there, this is not the goal of the Sanibel Plan,” Lupu said. “Cluster housing is intended to incentivize conservation, not to help developers to maximize density on an irregular, problematic lot where they would otherwise be unable to meet code standards.”
Lupu continued to explain that the preserve areas are small areas that could not be developed, and “just because we can come up with 5.06 development units does not mean it’s appropriate or meets the criteria of harmony. She said this is where the hairsplitting comes in with ‘harmonious’ versus ‘not inharmonious.’
“It has the math but not the spirit of the Sanibel Plan. And the applicant needs both,” Lupu stressed. “That’s why we’re stuck with this awkward, inharmonious design which does not meet regular code standards. We’re depending on this board to reign this in to what’s appropriate for this neighborhood and Sanibel. It’s not a good precedent. Mr. Dunn [the property owner] has property rights, but so do the surrounding neighborhoods.
“I’m asking this board to uphold the spirit of the law. Please use the discretion that the Sanibel Code affords you,” Lupu concluded.
The Planning Department found that the proposed subdivision meets the standards of the Land Development Code in that:
It promotes the preservation of open space:
→ 60% of the property is preserve (1.39 acres of 2.3 acres)
→ 78% of the property is pervious open space or preserve (1.79 acres of 2.3 acres)
→ Impermeable cover is 6,238-sf less than the maximum 25,338-sf allowed
→ Developed area is 1,498-sf less than maximum 30,144-sf allowed
→ Stormwater Management/Drainage Plan meets and exceeds Sanibel Code standards
→ 5-dwelling units is compliant with the allocated Development Intensity of 2.2 du/acre and consistent with adjacent neighborhoods
→ Common tracts will be under HOA ownership
→ Meets or exceeds setback requirements
→ Size and scale of individual homes will be within the size range of the surrounding area and will need to meet the building height, angle-of-light and Sec. 86-43 standards of the Sanibel Code
→ The location and orientation of the single-family houses provides the maximum distance possible between established single-family lots to the east and west for all residents to enjoy privacy in their homes and yards
→ The established land use pattern and character of the area is maintained (single-family development with preservation areas)
It is important to note that this project requested no variances. The property owner has worked with City staff for 3-1/2 years on this project.
Comments from Commissioners were all supportive of approving the development application.
“I have read everything and listened very carefully and did a site visit and visited examples of other cluster housing and discussed this with James Evans [of SCCF],” said new Commissioner Kate Sergeant. “We considered all these things very carefully. We diligently look into everything and carefully consider everybody’s position. All of our laws balance interests. What we look at is the Sanibel Code. Based on everything today and the years of preparation, it’s my position that the [project is in] compliance not only with the letter of the Sanibel Code but with the spirit of the Sanibel Code.”
“There has been demonstration of compliance with the Plan,” said Commissioner Paul Nichols. “Questions were answered by the presentations, and the applicant accepts the conditions. My job is to see this meets the Sanibel Code. And it does. A lot of cluster developments are very beautiful. It’s not up to us whether we like the design. That’s not the question before us. I believe it does meet the Sanibel Plan.”
Commissioner Ken Colter said, “Staff did their job on this one, and I’m concerned why we’re still here.”
“By virtue of all of the information provided, we should look at the conditions proposed, but I agree we have met the spirit and intent of cluster housing as it is written today,” said Commissioner Erika Steiner.
Reasonable, intelligent lawyers can argue both sides, said Commissioner Lyman Welch, and noted that there are no variances requested here. “All four elements have been met, and it is not inharmonious. It’s my judgment that [the project] meets the requirements of the City Code.”
Welch did, however, suggest an additional condition be added providing for a landscape buffer between the subdivisions. “There are already 11 conditions,” answered Chair Roger Grogman. “It’s been changed quite a bit from the March proposal, in response to public input and to agree with the overall requirements of the Land Development Code.” Grogman said a change for the landscape buffer was well thought-out and realistic. The meeting broke for 10 minutes while City staff worked on the additional condition, to which the applicant agreed.
Then the permit was approved by a vote of 6-0 with Commissioner Eric Pfeifer recused.
“We got good public input,” said Grogman in conclusion. “The dialogue was very productive, and I think we responded in a very appropriate manner.”